Part 6 · Tertiary Education Quality and Standards Agency Act 2011

Contents

Part 6 · Information gathering and authorised officers

Division 1 · Requiring people to give information etc.

63Requiring certain persons to give information etc.#

(1)This section applies to a person if TEQSA believes on reasonable grounds that:

(a)the person is, or was, connected with:

(b)the person is capable of giving or producing information, a document or a thing relevant to TEQSA’s function in paragraph 134(1)(c) (about investigating compliance with this Act).

(1A)This section also applies to a person if TEQSA believes on reasonable grounds that the person is capable of giving or producing information, or a document or a thing, relating to a matter that constitutes, or may constitute, a contravention of section 114A or 114B.

(2)TEQSA may, by written notice given to the person, require the person:

(a)to give TEQSA the information; or

(b)to produce to TEQSA the document or thing; or

(c)to make copies of the document and to produce to TEQSA those copies;

within the period and in the manner specified in the notice.

(3)The notice must:

(a)not specify a period shorter than 14 days after the notice is given, unless TEQSA reasonably considers that a shorter period is necessary that is at least 24 hours after the notice is given; and

(b)set out the effect of section 64.

(4)Subsection (1) does not apply to:

(a)a lawyer who is acting, or has acted, for the regulated entity or former regulated entity; or

(b)national security information; or

(c)documents or things relating to national security.

(5)Subsection (1A) does not apply to:

(a)a lawyer who is acting, or has acted, for a person who is suspected of contravening, or has contravened, section 114A or 114B; or

(b)national security information; or

(c)documents or things relating to national security.

64Contravening requirement to give information etc.#

A person commits an offence if:

(a)the person has been given a notice under subsection 63(2); and

(b)the person fails to comply with a requirement in the notice.

Penalty: 30 penalty units.

65Copying documents—compensation#

A person is entitled to be paid by TEQSA, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 63(2)(c).

66TEQSA may retain documents and things#

TEQSA may retain documents and things etc.

(1)If a document (including a copy of a document), or a thing, is produced to TEQSA under section 63, TEQSA:

(a)may take possession of, and may make copies of, the document or thing; and

(b)may retain possession of the document or thing for such period as is necessary:

(i)for the purposes of this Act; or

(ii)for the purposes of an investigation to which the document or thing relates; or

(iii)to enable evidence to be secured for the purposes of a prosecution or civil penalty proceeding.

Access and certified copy to be provided

(2)Subsections (3) to (5) apply to a document produced under paragraph 63(2)(b).

(3)The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by TEQSA to be a true copy.

(4)The certified copy must be received in all courts and tribunals as evidence as if it were the original.

(5)Until a certified copy is supplied, TEQSA must, at such times and places as TEQSA thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

67Returning documents or things produced#

(1)If:

(a)a document (other than a copy of a document), or thing, is produced to TEQSA under section 63; and

(b)TEQSA can no longer retain it under paragraph 66(1)(b);

TEQSA must take reasonable steps to return it, unless the document or thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

(2)The document or thing must be returned to the person who produced it (or to the owner if that person is not entitled to possess it).

68Disposal if cannot be returned#

(1)TEQSA may dispose of a document or thing in such manner as it considers appropriate if:

(a)the document or thing is produced to TEQSA under section 63; and

(b)under section 67, TEQSA is required to take reasonable steps to return the document or thing to a person; and

(c)either:

(i)TEQSA cannot, despite making reasonable efforts, locate the person; or

(ii)the person has refused to take possession of the document or thing.

(2)If the operation of this section would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(3)If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

69Self-incrimination#

(1)A person is not excused from:

(a)giving information; or

(b)producing a document (including a copy of a document) or thing;

under section 63 on the ground that doing so might tend to incriminate the person or expose the person to a penalty.

(2)However, in the case of an individual, none of the following:

(a)the information given;

(b)the document, copy or thing produced;

(c)the giving of the information or the producing of the document, copy or thing;

(d)any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document, copy or thing;

is admissible in evidence against the individual:

(e)in civil proceedings for the recovery of a penalty; or

(f)in criminal proceedings, other than proceedings for an offence against:

(i)section 64; or

(ii)section 137.1 or 137.2 of the Criminal Code (which deals with false or misleading information or documents) that relates to this Act; or

(iii)section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.

Division 7 · Authorised officers

94Authorised officers#

(1)TEQSA may, in writing, appoint a member of the staff of TEQSA as an authorised officer for the purposes of this Act.

(2)TEQSA must not appoint a person as an authorised officer unless:

(a)the person holds the classification of APS Executive Level 1 or higher, or an equivalent classification; and

(b)TEQSA is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an authorised officer.

(3)An authorised officer must, in exercising powers as an authorised officer, comply with any directions of TEQSA.

(4)If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.